Manohari vs Gulab
2023 Latest Caselaw 18018 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                          SA No. 1019 of 2023
                                                    (MANOHARI Vs GULAB AND OTHERS)

                          Dated : 30-10-2023
                                Shri Nikhil Tiwari - Advocate for the appellant.

                                Ms. Vibha Pathak - Panel Lawyer for respondent No.4/State.

Heard on the question of admission. Perused the record made available by learned counsel for the appellant. The appeal being arguable is admitted for final hearing on the following

substantial questions of law:

"1. Whether learned first appellate Court has erred in reversing the judgment and decree passed by learned trial Court just contrary to the law settled by the Apex Court in the case of Santosh Hazari Vs. Purushottam Tiwari (Dead) By LRs (2001) 3 SCC 179?

2. Whether learned first appellate court has committed illegality in holding the plaintiff and defendants 1-2 to be Bhoomiswami and in possession of the entire land of survey No.2 & 5 area 0.939 and 1.939 hectare respectively ?

3. Whether the suit as filed was barred by Limitation ?"

Also heard on I.A.No.6412/2023, which is an application under Order 41 Rule 5 r/w Section 151 CPC.

Issue notice of final hearing along with extract of substantial questions of law and I.A.No.6412/2023 to the respondents on payment of process fee within seven working days, failing which this appeal shall stand dismissed without further reference to the Court.

In the meantime, both the parties are directed to maintain status-quo in Signature Not Verified Signed by: SWETA SAHU Signing time: 11/2/2023 10:39:24 AM

respect of the suit property until further orders.

Registry is directed to requisition the record of courts below. List fo r consideration of I.A.No.6412/2023 after service of notice on respondents.

(DWARKA DHISH BANSAL) JUDGE

ss

Signature Not Verified Signed by: SWETA SAHU Signing time: 11/2/2023 10:39:24 AM